How Defective Products Lead to Personal Injuries

Every year, people suffer injuries caused by defective products. From faulty medical devices to dangerous consumer products, product defects can result in severe harm, including broken bones, organ damage, and post-traumatic stress disorder.

Understanding how defective products cause injuries and the legal process for filing a product liability lawsuit can help injured consumers seek compensation for their losses. If you or a loved one has been harmed by a defective product, knowing your legal rights is essential.

Types of Product Defects That Cause Injuries

Product defects generally fall into three categories:

Manufacturing defects

These occur when a product is improperly assembled or made with faulty materials. Manufacturing errors can make a product dangerous even if its design is safe. Examples include faulty wiring in appliances or improperly made safety equipment.

Design defects

A product with a flawed design can be inherently unsafe, even when made correctly. Examples include steering systems prone to failure or faulty brakes in vehicles.

Marketing defects

A product may be deemed defective if it lacks proper warning labels or instructions. Inadequate warnings can put consumers at an increased risk of injury. Common examples include choking hazards in toys or toxic materials in prescription drugs.

Common Injuries Caused by Defective Products

Defective products can cause a range of physical injuries, including:

• Broken bones from malfunctioning safety equipment
• Chemical burns from hazardous substances
• Organ damage from defective medical devices
• Chronic pain due to unsafe prescription drugs
• Severe harm from faulty brakes or steering systems in vehicles

Medical treatment for such injuries can lead to significant medical bills, lost wages, and financial strain.

Legal Recourse for Injuries Caused by Defective Products

Under product liability law, responsible parties can be held liable for harm caused by unsafe products. Depending on the circumstances, manufacturers, distributors, and retailers may all be responsible parties in product liability claims.

Proving Liability in a Defective Product Injury Case

To succeed in a product liability lawsuit, the injured party must prove that:

1. The product was defective.
2. The defect caused the injury.
3. The product was being used as intended.

Strict liability applies in many product liability cases, meaning victims do not have to prove negligence—only that the product was defective and caused injury.

Steps to Take After a Defective Product Injury

If you have been injured by a defective product, taking the following steps can help protect your claim:

1. Seek medical attention immediately.
2. Preserve evidence, including the defective product and its packaging.
3. Gather medical records and document medical expenses.
4. Avoid making statements to the insurance company before consulting a lawyer.
5. Contact a product liability lawyer for legal guidance.

How a Product Liability Lawyer Can Help

An experienced team of product liability attorneys can guide you through the legal process, helping you seek compensation for medical expenses, lost wages, and other damages. Some cases may even allow for punitive damages if the manufacturer acted with reckless disregard for safety.

Learn more about your legal rights after a defective product injury. Call Conway, Pauley & Johnson P.C. at (402) 462-5187 to schedule your free consultation. You can also reach us anytime through our contact page. Let us help you take the first step toward justice and recovery.

FAQs

What should I do if I am injured by a defective product?
Seek medical attention, preserve evidence, and consult a product liability lawyer to discuss your legal options.

Who can be held liable for a defective product injury?
Manufacturers, distributors, and retailers can all be responsible parties in product liability claims.

What damages can I recover in a product liability lawsuit?
You may be able to recover compensation for medical bills, lost wages, pain and suffering, and other accident-related expenses.

How long do I have to file a product liability claim?
Nebraska law typically allows four years to file a personal injury claim, but exceptions may apply. Consulting a lawyer as soon as possible is recommended.

What if I no longer have the defective product?
Even if you no longer have the product, other evidence such as medical records, witness statements, and product recall information may help prove your case.